As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. If the grand jury returns an indictment, the defendant shall be notified by mail unless the court issues a capias for the defendants arrest. Threats of harming another (2) There is reason to believe the life or safety of the witness is endangered because of the witnesss willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case. (4) Evidence. 0. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. (9) Motions to Dismiss; Motions for Mistrial. Tommy Walsh, 51, of Union Street, was indicted on charges of possessing fentanyl and crack cocaine. (A) Each party shall be limited to one hour of argument unless otherwise ordered by the court in advance. All objections to the charge shall be taken on the record before the jury retires. (c) Protective Order. (1) Opening Statements. Except as provided in subsection (f) or (g) of this rule, unless the defendant waives the presence of counsel at the arraignment in writing or on the record, the court shall take no other action at the arraignment aside from (1) advising the defendant of the charges against him or her and entering a pro forma plea of not guilty (or no plea in a felony case if filed in the circuit court) on the defendant's behalf, and (2) informing the defendant that the issue of bail and any other issue requiring an adversary hearing will not be addressed until his or her counsel is present. Don't Threaten. (1) The following provisions govern a partys obligations when filing a confidential document as defined in this rule. If the record does not reflect that a plea is voluntarily and intelligently made, it may be withdrawn as a matter of federal constitutional law. (2) All motions must contain the word motion in the title. (2) Burden of Proof. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. (10) Each member of the Sentence Review Division shall review the application, transcript of the sentencing hearing, and such other materials as set out in Sentence Review Division Rule 16 and shall then inform the Secretary whether the member is requesting a hearing. Hours: Monday - Friday, 8:00am to 4:00pm Directions From Charlestown: Head North on Route 12 to Claremont. (b) Interpretation. The written finding and affidavit or statement filed under oath if filed electronically shall become part of the public record, shall be available to the defendant, and must be filed with the appropriate court on the next business day. These cookies will be stored in your browser only with your consent. Days later, Kristi Stone called police to say her husband tried to run her off the road. (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. The charge is a Class B felony offense. (21) The decision of the Sentence Review Division is final. A superior court complaint charging a misdemeanor or felony is not required to be signed under oath. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. This page provides information about Court Dockets and Calendars resources in New Hampshire. See Hazelton Company v. Southwick Construction Company, 105 N.H. 25 (1963). The idea was incorporated in the Fifth Amendment to the United States Constitution. The motion must identify the evidence and articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. (e) Alternate Jurors. (2) Pleas. The prosecution shall present evidence first in its case-in-chief. Notwithstanding subsection (j) of this rule, when counsel appears for a defendant in a criminal case in the circuit court, said appearance shall be deemed to continue upon any appeal or transfer of the same case to the superior court and until the case is finally disposed of in the trial courts. (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. (1) Permissibility. He also allegedly fired a handgun on Elm Street during the busy bar closing time. (2) Court's Rejection of Negotiated Plea. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. The rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine. John Anders is facing three counts of felony sexual assault for the alleged incidents, which happened between 2017 and 2020, according to indictments from the Sullivan County Grand Jury. Shean Remillard, 49, of Spruce Street, four counts of criminal threatening. (3) If a warrant has issued for the defendants failure to appear at arraignment on complaints filed before indictment, or any other pre-indictment hearing in superior court, the indictment deadline in paragraph (2) shall not apply. Upon request, the court shall permit counsel a reasonable opportunity, on the record and outside the hearing of the jury, to present additional grounds, argument, or offers of proof in support of the objection or response. If a manifest necessity requires it, a new trial shall be ordered. Some questions cannot be asked in a court of law because of certain legal principles. Hearings before the Sentence Review Division shall normally be in accordance with the order the applications were recorded in the Sentence Review Division record log. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. Hayden had less than half an ounce of cocaine, LSD, oxycodone, and some buprenorphine and was accused of intending to sell it in concert with Steve Kitchen. Malone was additionally indicted on one count each of possession of one-half gram or more of cocaine for delivery or sale, introduction or possession of cocaine into a penal institution, and maintaining a place where controlled substances are used or sold. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. Joinder of Offenses and Defendants, Rule 21. If you have a subscription, please log in or sign up for an account on our website to continue. (4) Transcripts. Only one attorney shall argue for each party except by leave of the court. Counsel will be given the opportunity to make objections on the record to any proposed question after which the judge will decide if they are appropriate and whether, under the circumstances of the case, the judge will exercise discretion to permit the questions. Appearance and Appointment of Counsel in Circuit Court-District Division and Superior Court, Rule 20. State v. Bailey, 127 N.H. 416 (1985); State v. Brodowski, 135 N.H. 197, 201 (1991). Having been released with bail, Bateman failed to appear before the Sullivan County Superior Court on Sept. 18 as required by the conditions of her release, and her release was in connection with an offense punishable by imprisonment for a term of more than 1 year and less than 15 years. On Sept. 18, 2022, Allen is accused of firing a handgun in Sheehan-Basquil Park, a densely populated area of the city with homes, apartment buildings, and an elementary school and businesses in the area. Sullivan County Justice Center. If the defendant appears without counsel, the court shall inform the defendant of the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. (C) shall be signed by the defendant or counsel and verified by a separate affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. (b)Bail Denied. (7) Testimony of Witnesses. Except with respect to witnesses or information first disclosed pursuant to paragraph (b)(4), all motions seeking additional discovery, including motions for a bill of particulars and for depositions, shall be filed within sixty calendar days if the case originated in Superior Court, or within forty-five calendar days if the case originated in Circuit Court District Division after the defendant enters a plea of not guilty. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the state to demonstrate, by affidavit or by statement filed under oath if filed electronically, probable cause for arrest. (a) By Agreement. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. (5) Upon application of the Attorney General or upon the court's own motion, a justice of the superior court may authorize a stenographic record of the testimony of any witness before a grand jury to be taken by a sworn and qualified reporter. (a) When allowed by law and as justice may require, the court may waive the application of any rule. All rights reserved. The party shall also provide access to all statements, reports or other materials that the proponent of Rule 404(b) evidence will rely on to prove the commission of such other crimes, wrongs or acts. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. The following notice requirements apply in all criminal proceedings in either circuit court-district division or superior court. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of an attorney for the State or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. the generation, After following School Board politics for a decade, I can't help but keep thinking about the Vietnam War. (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. Follow Route 103 West all the way to Newport. Worthley has a previous conviction for a misdemeanor in 2016. The court may grant or deny an annulment without a hearing. (g) Arraignments on Misdemeanors and Violations. On your next view you will be asked to log in to your subscriber account or create an account and subscribepurchase a subscription to continue reading. Then partly to mostly cloudy overnight. This is the name that will be displayed next to your photo for comments, blog posts, and more. After the prosecution has rested, the defense may present evidence. Among those indicted was Monte Wayne Wisecup, 34, of Vanceburg, KY on charges of involuntary manslaughter (first-degree felony), trafficking in a fentanyl-related compound (fifth-degree felony . The Sullivan County Grand Jury indicted Timothy Hale, 52, of Georges Mills, with a Class A felony offense of first degree assault. (5) Finding of Probable Cause. If it appears that a joinder of offenses is not in the best interests of justice, the court may upon its own motion or the motion of either party order an election of separate trials or provide whatever other relief justice may require. (b) Effective Date. In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. (E) Other grounds for continuance may be illness of a defendant, defense attorney, or prosecutor; want of material testimony, documents, or other essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of justice. (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. If you sign up for a visit during an unauthorized time any funds you have paid will not be refunded. The court will then determine whether the defendant has the financial ability to pay the assessment. A bail hearing, at which the defendant's counsel is present, shall be held within 24 hours of a written or oral request for same made by the defendant's counsel, weekends and holidays excluded. If a hearing is scheduled, it shall be held as soon as the court docket permits, but in any event within 10 days of filing of the motion if the defendant is incarcerated and within 20 days of the filing of the motion if the defendant is not incarcerated. Be Nice. On Aug. 29, 2021, he is accused of placing S.P. in danger of serious bodily injury when he discharged a firearm in the direction of S.P.. Sullivan County Superior Court Juror Information LOCATION OF COURT The Sullivan County Superior Court is located at 22 Main Street, Newport. Courts and parties should note that RSA 596-A:3 requires the court to caution a defendant about the right to counsel and the right to remain silent. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. An agreement may be filed with the court by stipulation. (22) The Secretary shall send the final order to the Clerk of Court for the court in which sentence was imposed, the sentencing judge, defendant, defense counsel, the Department of Corrections, and the County Attorney or the Attorney General's office. MANCHESTER, NH Sexual and physical assaults, gun threats, felony riot and thefts were among the 390 indictments issued this month by a grand jury sitting in Hillsborough County Superior Court Northern District. If you were summoned for January 3, 2023 your additional reporting dates are here. Snowfall rates of 1 inches or more per hour. (2) Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to RSA 318-B:26-a(II), notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least twenty-five days before the proceeding begins. (D) That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the courts database, the earlier of the two shall be accepted as the filing date. We will never seek personal favors or advantage in the performance of our duties. (5) No defendant shall be incarcerated for nonpayment of an assessment or non-performance of community service unless the Court, having conducted an ability-to-pay or ability-to-perform hearing which includes making specific inquiry of the defendant concerning his financial circumstances and his reasons for nonpayment or non-performance, concludes that the defendant willfully failed to pay the assessment or perform community service. On Sept. 4, 2020, Campbell is accused of putting her hand around her daughters neck and applying pressure which impeded her daughters breathing and made her feel she could not breathe. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. Trial shall be before a jury of twelve persons unless the defendant, on the record, waives this right. Jaquith was indicted in Salem Superior Court . (I) Comply with designated house arrest provisions. If you have a subscription, please log in or sign up for an account on our website to continue. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed in a court of competent jurisdiction without unreasonable delay. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another partys possession. If the opposing party is not satisfied with the redacted version of the statement so provided, the party claiming the right to prevent disclosure of the redacted material shall submit to the court for in camera review a complete copy of the statement at issue as well as the proposed redacted version, along with a memorandum of law detailing the grounds for nondisclosure. We hope that you continue to enjoy our free content. If you were summoned for March 6, 2023 your additional reporting dates are here. If you have any questions, contact the Information Center at 1-855-212-1234. (m) Counsel of Record; Bail. Shannon Kathleen Carota, 41, of Middle Street, Milford, aggravated DUI with collision and serious injury. Willful failure to pay means a defendant has intentionally chosen not to pay the assessment when he has had the ability to do so. Either party may refer to the contents, recommendations and attachments of the pre-sentence report in any sentence-related hearing, except where the court has ordered otherwise on the motion of a party or sua sponte. (C) Are alleged to have occurred during separate criminal episodes, but nonetheless, are logically and factually connected in a manner that does not solely demonstrate that the accused has a propensity to engage in criminal conduct. (c) Copy of complaint. The court may prohibit the use of any equipment that requires the laying of cords or wires that pose a safety hazard or impair easy ingress and egress from the courtroom. (2) If the defendant is detained pending arraignment, the complaint shall be filed prior to commencement of the arraignment. If the defendant intends to rely upon any defense specified in the Criminal Code, the defendant shall within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division, after the entry of a plea of not guilty, or within such further time as the court may order for good cause shown, file a notice of such intention setting forth the grounds therefor with the court and the prosecution. Should none of the three members request a hearing, the Secretary shall issue a notice to the persons set out in Sentence Review Division Rule 8 that the sentence is affirmed without hearing. In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. An order will be issued setting forth the courts ruling on the motion to seal. Grand Jury indictments are public records that are released to the media monthly by the state. (a) Arrest. (1) The following provisions govern a partys obligations when filing a document containing confidential information as defined in this rule. Except for good cause shown, motions to suppress shall be heard in advance of trial. See October 17, 2016 felonies first implementation order at http://www.courts.state.nh.us/supreme/orders/10-17-16-Order.pdf, and are now in effect in all counties. Havlir, 57, of Claremont was arrested for receiving benefits to which she was not entitled between Dec. 1 2013 and Dec. 23, 2015. In spite of recognizing the Sgt. Threats of harming another Non-Members of the New Hampshire Bar, Rule 44. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. He was indicted on a charge of theft over $10,000. (6) The court shall review the motion to seal and any objection to the motion to seal that may have been filed and determine whether the unredacted version of the document shall be confidential. The rules do not govern juvenile proceedings or collateral proceedings such as habeas corpus or mandamus. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. (2) Plea by Mail. In Merrimack County, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after January 1, 2017 shall be initiated in superior court. (D) Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. In the event that a self-represented defendant files such petition, the clerk shall forward a copy thereof to the prosecutor and the warden of the state prison. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. Barry was released on her own recognizance on July 8, 2019. The party who called the witness will proceed first. There is 2-hour parking in front or in the public parking area at the median. (2) A lawyer shall not be permitted to represent more than one defendant in a criminal action unless: (A) The lawyer investigates the possibility of a conflict of interest early in the proceedings and discusses the possibility with each client; and, (B) The lawyer determines that a conflict is highly unlikely; and. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in Rules 1.7(a), 1.9(a) and (b), and/or 1.10(a), (b), and (c) of the New Hampshire Rules of Professional Conduct. (B) Prior Sexual Activity of Victim. The rules establish a uniform system of procedure for the circuit court-district division and superior courts, except as otherwise specifically provided. 1984). This paragraph is based on Federal Rule of Criminal Procedure 6 and prohibits grand jurors, interpreters, stenographers, typists who transcribe recorded testimony or an attorney for the State, or any person to whom disclosure is made under the rule, from disclosing information received except under a few narrow circumstances. Rule 48 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.6 (Clerks office and judges chambers). Such persons shall be taken before the superior court no later than 24 hours after the arrest, Saturdays, Sundays and holidays excepted, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the persons attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted.
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